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GERSHWIN PUB. CORP. v. COLUMBIA ARTISTS MANAGEMENT, INC.

No. 65 Civ. 2087.

312 F.Supp. 581 (1970)

GERSHWIN PUBLISHING CORPORATION, Plaintiff, v. COLUMBIA ARTISTS MANAGEMENT, INC., and Community Concerts, Inc., Defendants.

United States District Court, S. D. New York.

April 21, 1970.

Attorney(s) appearing for the Case

Herman Finkelstein and Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for plaintiff.

Jerome H. Adler, New York City, for defendants.

OPINION

SOLOMON, District Judge:

The American Society of Composers, Authors, and Publishers (ASCAP) is prosecuting this copyright infringement action against Columbia Artists Management, Inc. (CAMI) as a test case. ASCAP seeks to determine whether CAMI can avoid paying license fees when music in the ASCAP repertory is performed at concerts sponsored by local community concert associations which are created and maintained by CAMI.

CAMI admits that...

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